Haw. Code R. § 11-271-6 - Draft permits

(a) Once an application is complete, the director shall tentatively decide whether to prepare a draft permit or to deny the application.

(b) If the director tentatively decides to deny the permit application, the director shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. See subsection 11-271-6(e). If the director's final decision (section 11-271-15) is that the tentative decision to deny the permit application was incorrect, the director shall withdraw the notice of intent to deny and proceed to prepare a draft permit under subsection (d) of this section.

(c) [Reserved]

(d) If the director decides to prepare a draft permit, the director shall prepare a draft permit that contains the following information:

(1) All conditions under sections 11-270-30 and 11-270-32;

(2) All compliance schedules under section 11-270-33;

(3) All monitoring requirements under section 11-270-31; and

(4) Standards for treatment, storage, and/or disposal and other permit conditions under section 11-270-30.

(e) All draft permits prepared by the department under this section shall be accompanied by a statement of basis (section 11-271-7) or fact sheet (section 11-271-8), and shall be based on the administrative record (section 11-271-9), publicly noticed (section 11-271-10) and made available for public comment (section 11-271-11). The director shall give notice of opportunity for a public hearing (section 11-271-12), issue a final decision (section 11-271-15) and respond to comments (section 11-271-17). Draft permits shall be accompanied by a fact sheet if required under section 11-271-8.

Notes

Haw. Code R. § 11-271-6

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §124.6)